DHRUB Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, incarcerating upon his arrest, for possessing forty bottles of syrup containing Codeine Phosphate and Chlorophenramine, Maleate syrup, which falls in the definition of commercial quantity, has come up before this Court under Sec. 439 of CrPC, seeking bail.

(2.) A perusal of the petition reveals that the petitioner straightaway filed the bail petition before High Court, which is permissible given the decision of a three Judges Bench of HP High Court, in Mohan Lal v Prem Chand, AIR 1980 HP 36, (Para 9 & 15), wherein the Full bench holds that a person can directly apply for an anticipatory bail or regular bail to the High Court without first invoking the jurisdiction of the Sessions Judge.

(3.) In Para 11 of the bail application, the petitioner declares having no criminal history. The status report also does not mention any criminal past of the accused.